Science Friction: Antarctic Research Whaling and the International Court of Justice

Abstract

Whaling remains one of the most controversial and divisive aspects of the modern regulation of marine resources. In 1982, the International Whaling Commission, the global management body responsible for the regulation of whale stocks, instituted a moratorium on commercial hunting, which has been in force for almost 20 years. Nevertheless, a number of legal avenues exist within the current international regulatory framework to facilitate a degree of continued hunting. The most contentious of these is the scientific research exemption advanced under Article VIII of the International Convention for the Regulation of Whaling 1946, which provides for the national authorization of permits for lethal research. Japan has undertaken a significant programme of scientific whaling in Antarctica since 1987, despite widespread international criticism and an escalating campaign of nautical obstruction by militant activists, duly generating a long-standing legal dispute with Australia. On 31 March 2014, judgment was rendered by the International Court of Justice, in favour of Australia, ordering Japan to cease and desist its Antarctic whaling programme and refuting Japanese assertions that these activities had been legitimately conducted 'for the purposes of scientific research' as permitted under the 1946 Convention.

Protecting commonplace biodiversity under international conservation law

“…Harrop tracks how the ICRW has evolved from a regime that was initially concerned with supporting the whaling industry, to one that was focused on conservation and is now increasingly adopting a compassionate approach to regulating society's interactions with whales (Harrop 2003 88 et seq). The resulting tensions between anti-and pro-whaling states culminated in the Whaling in the Antarctic (Australia v Japan; New Zealand intervening) case (ICJ 2014), in which the International Court of Justice concluded that Japan's JARPA-II scientific programme, which was viewed by others as a front for commercial whaling due to the scientifically-unjustifiable use of lethal research methods, was unlawful (Caddell 2014). Japan subsequently withdrew from the ICRW and in July 2019 announced that it would recommence commercial whaling, 5 suggesting that the allegations against JARPA-II had some merit.…”